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Pedestrian Accident Lawyer

Have you sustained serious pedestrian accident injuries or lost a family member?

Get in touch with a Pedestrian Accident Lawyer at Big Ben Lawyers today for a free consultation

For decades, our Big Ben Lawyers pedestrian accident attorneys have been at the forefront in representing victims of pedestrian accidents and winning them millions of dollars in compensation.

Our lawyers have been acclaimed as the best pedestrian accident attorneys across the country and our Big Ben Law Firm is among the top personal injury law firms across the nation. Our impressive success in personal injury lawsuits together with pedestrian accident lawsuits makes us the best choice for you.

It is scary and catastrophic enough at it is getting in a car accident. But to make it worse, the situation that follows in all aspects including the pain and suffering that the victim of a pedestrian or any other motor vehicle accident has to endure, all the money being spent on emergency medical treatment and the subsequent medical procedures and physical therapy. At the same time, you may not be in a position to work and earn income.

It is exactly in this tight spot that you should shed off some of this weight to a pedestrian accident lawyer who can then worry about going against the insurance companies and the at-fault party in order to recover the compensation that you deserve. The pedestrian accident lawyer can pursue negotiations with the insurance companies but if the negotiations fail, then the pedestrian accident attorney can file a pedestrian accident lawsuit in court and seek compensation from those responsible for causing your pedestrian accident.

Our Big Ben pedestrian accident attorneys appreciate and sympathize with your situation and are on standby ready and willing to do all that is necessary so as to ensure that you get the compensation that you deserve due to your serious pedestrian accident injuries or the injuries sustained by your loved one in a pedestrian accident.

You can see for yourself the testimonials from our clients after we won the compensation from personal injury lawsuits and other personal injury claims from the at-fault parties and their insurance companies.

Therefore, if you or your loved one was involved in a pedestrian accident and got injured, you can contact our lawyers today for a free consultation.

How about our pedestrian accident attorney’s fees?

You need not worry about our pedestrian accident attorneys’ fees. We won’t ask you for our attorney’s fees unless your claim is successful and you recover your compensation. We charge our attorneys’ fees on a contingency basis depending on whether win your pedestrian accident case for you.  

Major Causes of Pedestrian Accidents

Accidents mostly happen when the drivers do not pay attention while driving. Most of the people who pay the price for this carelessness are the pedestrians who happened to have crossed or moved beside the road.

Negligence and recklessness of car drivers are the major causes of car accidents including pedestrian accidents. The following are some of the activities that comprise negligence and recklessness of car drivers:

  • Driving while distracted, for instance, driving while texting
  • Failing to yield to pedestrians by motor vehicles at the crosswalks
  • Failing to check both sides before turning
  • Speeding which prevents the driver from stopping in time so as to avoid crashing into a pedestrian
  • Driving while being drunk or under alcohol or drugs
  • Failing to notice defects on the road and react accordingly so as to avoid colliding with pedestrians

The number of pedestrian accidents is higher in urban areas as compared to those in rural areas. Nonetheless, gruesome pedestrian accidents occur in rural areas/country roads as well.

Some road conditions such as mist, dust, and fog can interfere with the visibility of the road and the road signs hence increasing the risk of motor vehicle accidents. Poor road conditions such as potholes can also cause tire punctures or divert the driver to the wrong side of the road hence resulting in collisions.

Can crosswalk problems cause pedestrian accidents?

California Vehicle Code 21950 makes it a requirement for motor vehicle drivers to give way to pedestrians to cross the road at the section of the road in which crosswalks are either marked or unmarked.

However, there could be a problem with the crosswalk itself and as such pedestrian accidents happen. In such a situation, the motorist could not entirely be to blame for the accident.

The design of the road and the location of the crosswalk can play a role in whether a car crash can happen in which a pedestrian may be injured. It is therefore the duty of the ones who design the road to do so while taking the safety of the pedestrians into consideration.

If the persons who are responsible for designing and maintaining the road fail to consider the safety of the pedestrian while planning the road, they should also be held liable to contribute to the compensation of pedestrians who get injured as a result of pedestrian accidents happen due to their negligence.

Therefore, the engineering companies/firms and the agencies of the government who are responsible for designing the defective road are the potential defendants in a pedestrian personal injury lawsuit.

If you or your loved one was tragically injured as a pedestrian while crossing the road or street, our Big Ben Pedestrian accident lawyers are here for you to assist you in determining who the at-fault party is in your accident.

The moment you choose to hire our Big Ben attorneys, we shall immediately direct our investigators to visit the accident scene to as to examine it and determine if there is a defect on the road and who is to blame for the defect. Our investigators will also collect evidence from the accident scene so as to ascertain who the other potential defendants are as well as witnesses to the car crash.

We have a team of experts who work with our pedestrian accident lawyers including top-tier engineers, auto accident reconstructionists who can simulate the accident in court, and other experts including medical experts. All these experts are here for you to ensure that we build a solid and winnable case against the potential defendants.

It is up to you to make the first move to winning your case. Contact our Big Ben attorneys today for a free consultation.

How common are pedestrian accidents?

According to National Highway Traffic Safety Administration pedestrian accident statistics of 2020, 6,516 pedestrians were involved in fatal motor vehicle accidents while approximately 55,000 suffered non-fatal injuries.

Therefore, if you have been involved in pedestrian accidents, you are not alone. All those who have been injured in a pedestrian accident where someone else is to blame for the car crash deserve to claim compensation from the persons who are liable for the accident.

Common injuries sustained in pedestrian accidents

The nature and severity of the injuries sustained by pedestrians depend on the kind of motor vehicle involved in the car crash, how fast the motor vehicle was being driven at the time of the accident, and other factors. The basic fact is that the human body is fragile as compared to a metallic motor vehicle. Therefore, in the car of a collision, the body is incapable of withstanding the impact of the crash with a car.

The nature of injuries that can be sustained in a motor vehicle collision with a pedestrian include:

  • Lacerations (otherwise known as deep cuts) and bruises (also known as contusions) as well as damage to major organs
  • Injuries to the head such as concussion and in severe cases there is traumatic brain injuries
  • Injuries to the face (facial), teeth(dental), eyes, and blindness (visual impairment)
  • Damage to the spinal cord which results in dysfunction or paralysis
  • Injuries to the bones (i.e. orthopedic injuries which include bone fractures)

Is getting an attorney worth it?

Being a victim of a car accident is tragic and traumatic. But as if this is not enough, what comes next is even harder and more stressful. As you undergo medical treatment and probable physical therapy (all of which bleeds your savings away), at the same time you would be able to work and hence unable to earn income. At the same time, the insurance companies will be hard enough to handle as they may deny your claim entirely and refuse to settle your hospital bills. They can even send their own insurance adjusters who might trick you into accepting a very low settlement, far lower than that to which you are entitled.

You could then wonder if a pedestrian accident lawyer would be inviting yet another troublemaker who might not be worth it.

The answer is “Yes”. A pedestrian accident lawyer is worth it. Provided that you choose the right attorney with years of experience in handling pedestrian accident claims and whose success record speaks for itself. Also, given that after your accident you could be struggling financially, you will also need to ensure that the pedestrian accident lawyer who you choose to hire charges fees on a contingency basis. This means that they should also charge fees if they win pedestrian accident claims.

Fortunately for you – you need not beat about the bush looking for such an experienced pedestrian accident lawyer. As said earlier, we at Big Ben Lawyer in handling your personal injury lawsuits including pedestrian accident lawsuits only charge our attorney’s fees if we win your case for you.

Our pedestrian crash attorneys can protect your interests at all times once you have entrusted your pedestrian accident claim to us. With the help of the professionals motioned earlier, we kick the ground running by first building strong pedestrian accident cases for you. This will help our attorneys engage in a compelling negotiation with the insurance companies so as to recover the compensation that you deserve. On the other hand, if there is a need to file your pedestrian accident lawsuit in court, our pedestrian accident attorney can file your claim for you in court, represent you in court, and all the other legal processes until you get your compensation in your hands. 

How can a pedestrian accident attorney help you?

Determining your total claim

The cost of motor vehicle accidents can be quite costly. Immediately after the car crash, you have to spend money on medical bills for emergency treatment. After the first treatment, some serious injuries might be severe that they require physical therapy or long-term medical assistance. This also stacks up the medical expenses.

This is why at such a moment if the insurance company approaches you with an offer for settlement promising to pay your medical bills quickly, such an offer would be quite tempting. However, hidden among the terms of the settlement is that you would have to sign away the right to sue for any extra amount you would have been entitled to. Such a settlement offer by the insurance company may pay your present medical bills but it cannot pay for future medical bills, your diminished capacity to work and earn income, your lost income, and others which you would discover later after accepting a “quick settlement”. 

It is therefore in your best interest to consult an experienced pedestrian accident lawyer who can then advise you on just how much compensation you are entitled to before accepting any lesser offer for settlement from the insurance companies.

Dealing with the Insurers

Do not always trust that the insurance company has your best interest at heart whenever they propose to you a quick settlement. Whatever they say in trying to convince you to accept a quick insurance settlement just note at the back of your mind that insurance companies are motivated by profit and not your interests.

Therefore, you need someone on your side who can actually look out for your interests against the insurance companies as they try to get you to settle for less compensation than you deserve. An experienced pedestrian accident lawyer can safeguard your interest by engaging in a compelling negotiation with the insurance company on your behalf. However, if the insurance company is unwilling to pay you the settlement that you are entitled to, then your pedestrian accident attorney can file a pedestrian accident lawsuit in court and also represent you and argue your pedestrian accident cases in court.

FAQs on Pedestrian Accidents

Q: What does pedestrian negligence mean?

A: When a person conducts oneself in a manner that is careless or reckless, the person can be blamed and held liable for the accident.  An example is when a person decides to cross the road in a section of the road not designated for pedestrian crossing and without looking to confirm if the road is safe to cross, then the said person can be blamed for an accident in which he/she is injured.

Q: What if the pedestrian is to blame for causing the accident?

A: The liability that can be imposed upon the driver who causes a pedestrian accident can also be imposed on a pedestrian who due to his/her own negligence caused an accident. The driver can sue the pedestrian and claim compensation just like the pedestrian could claim against the driver if the driver had caused the accident. The pedestrian may not be excused just because he/she also got injured in the accident.

Contact our Big Ben Pedestrian Accident Attorneys today

If you or your loved one has been involved in a tragic pedestrian accident in which you sustained serious injuries, you are free to contact our Big Ban Pedestrian accident lawyers today for a free consultation. This is the first and very important step in order to seek the compensation that you deserve for the sake of the losses, pain, and suffering that you suffered as a result of the pedestrian accident.

Our pedestrian accident lawyers at Big Ben Lawyers can represent pedestrian accident victims and personal injury claims all over the nation, as they are also experienced, personal injury attorneys. 

Unfortunately, there are still far, far too many accidents because the driver was under the influence. Whether it’s alcohol or some other kind of substance, this accounts for more accidents than most people realize. Any kind of accident can be tragic, these can be that much worse.

No matter what the cause is for your accident, we’ll pursue it as aggressively as possible. You didn’t ask to be in an accident, nor did you do anything to make it occur. It’s not your fault, so you deserve to be compensated for it. When someone hits you with their vehicle, we do everything in our power to ensure that you receive all of your due compensation.

Cases Where the Pedestrian is At Fault

Contrary to popular belief, not every accident that involves a vehicle and a pedestrian is the fault of the driver. Yes, a majority are. In fact, a strong majority are. But, there are certain circumstances where the pedestrian is at fault for an accident. “The pedestrian always has the right of way” isn’t always necessarily 100% true.

For example, just like drivers, pedestrians shouldn’t ignore road signs either. “Don’t Walk” is a clear message. It does not mean “Consider Walking” or “Walk Very Quickly to Make It To the Other Side; Even Run.” It means “Don’t Walk.” Someone who goes out into the road during that time could be at fault. The same goes for those who ignore crosswalks or even just run out into traffic.

This can be particularly frustrating for some drivers because you could be behind the wheel of your vehicle, hit a pedestrian through no fault of your own, and feel very much responsible. This is one more area where our investigators can do so much.

See, here at the Benjamin Law Firm, we have a top-flight group of investigators on our roster. They can do a complete and thorough investigation of your case and then come to us with the truth. Then, we can use that to make sure that you get the representation that you deserve.

For example, say that you’re involved in an accident where a pedestrian runs out into the road, you have no way of avoiding them and hit them with your car. The other side will almost invariably argue that you were at fault. You were driving and you happened to hit this poor, defenseless pedestrian.

However, an investigation from our professionals can turn up the truth. It can show that the pedestrian was actually at fault in this circumstance, not you. As the other side is probably going to have their own investigators on their side, it’s critical that you have them on yours, too. That’s just one way that we can give you the best representation possible.

Pedestrian Accidents That Don’t Involve Vehicles

This may sound like an impossibility, but it’s something that happens more often than you think. A pedestrian, a regular person, just walking around, is injured on a property. It’s not because they were struck by a Honda Civic or any kind of vehicle, rather, it’s because they were somehow injured on the property.

Maybe they fell down the stairs or a railing gave out on them. Perhaps they slipped in a parking garage or in a store, that kind of thing. If you’re like so many people, if this were to happen to you, you might think “well, this is really unfortunate, but there’s nothing I can do about it.” That’s wrong. In many of these cases, you can actually receive compensation and damages from the owner of the property.

“Premises Liability”

The owner (or whoever possesses a property) has a responsibility to maintain it properly. If they don’t, and a pedestrian is injured on it, this is the fault of the owner. The same is true if there are hazards on the property that the owner is aware of and they never put up signs or let people know about it. Should you have been injured in such a way, then you would be owed compensation.

“Premises Liability” can be found in many different ways. Perhaps the most common is that the person owning the property created the condition. They made a staircase without a railing and you fell over the other side. Another way to prove premises liability is that the owner of the property was aware of the condition, but didn’t do anything to fix it.

An example of that would be if they knew the railing on the stairs was old and decrepit, yet, they didn’t fix them. So, if you were to lean on the railing, have it break, and get injured in that fashion, then they would be at fault here as well.

Another form of premises liability is that whatever was wrong with the property has been that way for so long there’s really no reasonable way to believe the owner was unaware of it. If there’s a hole in the floor of a store for example, and it’s been there for many years, it’s very unlikely the store owner could then say: “geez, I’m sorry you got hurt, but I had no idea it was there.”

Those are just a few of the ways that premises liability can be proven. No matter how you’re injured in an accident, we can help you to get the compensation that you deserve. If you’re just going through life, minding your own business, and you’re injured in a non-vehicle pedestrian accident, we’ve got your back then, too.

Benjamin Law Firm: Experience, Resources, and More

With all of the above cases, odds are that you’ll be up against powerful forces. Insurance companies, big-time corporations, and the like - when they’re against you, you need as much help as you can get. To go with a law firm that doesn’t have experience with these kinds of cases, to take the help of someone who doesn’t have the kinds of resources to stand toe to toe against them - that can make it more difficult (if not impossible) to get the compensation that you deserve.

From the moment you reach out to us at the Benjamin Law Firm, we can help. For example, we always recommend that, after any accident, you get medical help as quickly as possible. Even if you don’t think you were injured, it’s the right thing to do. Should you be reticent to do so due to a lack of insurance or funding, we may be able to help there, too. We know medical professionals who offer their services on contingency, too, just like we do. So, you can get the help you need without spending a dime of your own money.

No matter what kind of accident you’re in, reaching out to an attorney is probably the last thing you want to do after it. That’s why, here at the Benjamin Law Firm, we do everything in our power to make the process easier and simpler on folks going through a rough time. To schedule  a free consultation, just call us at 818-423-4878.

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